September26, 2018

Recent reports indicate that polling locations are being closed without alternatives for voters for failing to comply with the Americans with Disabilities Act (ADA)

WASHINGTON- U.S. Senators Amy Klobuchar (D-MN), Tammy Duckworth (D-IL), Richard Blumenthal (D-CT), and Cory Booker (D-NJ) led a letter to the Department of Justice expressing concerns about efforts to use the Americans with Disabilities Act (ADA) as a pretext for the closure of polling locations ahead of the 2018 elections. Recent reports indicate that some polling locations in counties with significant minority populations have been targeted for closure for failing to comply with the Americans with Disabilities Act (ADA) despite the fact that the county had no evidence or reports to indicate accessibility issues. In their letter, the senators also requested commitments from the Department of Justice to work with the disability community to find alternative solutions that do not disenfranchise voters. The letter was also signed by Senators Sherrod Brown (D-OH), Maggie Hassan (D-NH), Bernie Sanders (I-VT), Bob Casey (D-PA), Ed Markey (D-MA), and Tom Udall (D-NM).

“We must ensure that polling locations are accessible to all Americans, but using the ADA to close polling stations right before an election without providing alternatives will disenfranchise voters and fail to help those with disabilities exercise their right to vote,” the senators wrote. “We need to do more to restore Americans' confidence in our political system. Voting is the only true way the American people can ensure their elected leaders are held accountable for their actions and decisions, and we should be doing everything we can to strengthen this right.”

The full text of the letter can be found below:

Dear Attorney General Sessions and Assistant Attorney General Engel:

We write to express serious concerns about efforts to use the Americans with Disabilities Act (ADA) as a pretext for the closure of polling locations ahead of the 2018 elections and to request commitments from the Department of Justice (DOJ) to work with the disability community to find alternative solutions that do not disenfranchise voters.

Reports indicate that as we approach the midterm elections, polling locations in some counties with significant minority populations are at risk of closure and being cited for failing to comply with the Americans with Disabilities Act (ADA). In the most recent example, Georgia was considering a plan to close 75% of the polling locations in one county citing ADA non- compliance, despite the fact that the county had no evidence or reports to indicate accessibility issues. Fortunately, the proposal was defeated following vigorous opposition from civil rights groups, voting rights advocates, and even Republican Secretary of State Brian Kemp -who urged local officials to abandon this effort: Randolph County -the Georgia county question - is 61% African American, and one of the polling locations that was slated to be closed serves a precinct that is nearly 100% African American.

Georgia is not necessarily an isolated case and we are concerned that we will see additional attempts to use the ADA in ways that it was not intended -to further disenfranchise voters instead of enabling access to the polls for more people. There are many ways in which polling locations can be retrofitted or upgraded to ensure they meet the requirements of the ADA and avoid outright closures. We must ensure that polling locations are accessible to all Americans, but using the ADA to close polling stations right before an election without providing alternatives will disenfranchise voters and fail to help those with disabilities exercise their right to vote.

Therefore, we respectfully ask the Department to answer the following the questions:

Rather than closing polling places, how is the Department working with the Protection & Advocacy Systems, U.S. Access Board, and the ten regional ADA Technical Assistance Centers to help States and localities make polling places temporarily accessible to ensure all Americans have access to voting?

Prior to recommending enforcement actions based on ADA violations, does the Department evaluate and analyze the disparate impact that these enforcement actions may have on minority populations and people with disabilities? What factors does the Department consider before engaging in an enforcement action?

How is the Department working to ensure that enforcement of one civil rights law does not violate another? For example, in its settlements with counties, does the Department require temporary modifications or alternate means of casting a ballot and/or alternate polling locations to be established prior to the closure of a polling location that may be in violation of the ADA?

Has the Department received complaints regarding accessibility in specific polling locations across the country? Please provide reports detailing those complaints and any documents citing complaints that voters with disabilities were unable to use the polling locations targeted in the most recent enforcement actions.

Is the Division currently investigating or preparing to open an investigation into any other jurisdictions with high minority populations where state or local government agencies have closed polling places based on ADA violations, as was recently proposed in the case of Randolph County, Georgia?

We need to do more to restore Americans' confidence in our political system. Voting is the only true way the American people can ensure their elected leaders are held accountable for their actions and decisions, and we should be doing everything we can to strengthen this right.